The legal battle surrounding former Philippine President Rodrigo Duterte’s International Criminal Court (ICC) case has intensified after prosecutors opposed his defense team’s attempt to force the refiling of the charges against him.
In a response filed on September 10, 2026, Acting ICC Prosecutor Mame Mandiaye Niang asked Trial Chamber III to reject Duterte’s motion, arguing that the charges had already been examined and confirmed by the ICC’s Pre-Trial Chamber and that the defense had previously challenged the way those charges were framed.
The development comes less than three months before Duterte’s scheduled trial, which is set to begin on November 30, 2026.
Duterte’s Defense Wants The Charges Refiled
Duterte’s lawyers filed an 11-page motion dated August 31, arguing that the former president’s right to be informed in sufficient detail about the nature, cause and content of the allegations against him had been violated.
The defense specifically challenged the way the prosecution’s Document Containing the Charges (DCC) was structured.
According to the defense, the document relies on broad categories and an illustrative, non-exhaustive list of incidents, making it difficult for Duterte to determine precisely what allegations he must answer at trial.
His lawyers said the prosecution’s approach effectively leaves the scope of the case as a “moving target” and asked the Trial Chamber to require prosecutors to submit a new charging document organized into clearly defined counts and an exhaustive list of the acts underpinning those counts.
The defense also pointed to additional incidents subsequently notified by prosecutors, bringing the number of listed incidents to 57, and argued that the structure of the charges differs from the way ICC charging documents have traditionally been framed.
Prosecutor: This Issue Was Already Settled
Niang rejected the argument.
The prosecution maintains that the charges were already reviewed during the confirmation proceedings and subsequently confirmed by the Pre-Trial Chamber.
The prosecutor argued that questions concerning the form of the charges belong to the confirmation stage—not the trial stage—and that Duterte’s defense had fully participated in those earlier proceedings.
The defense had also unsuccessfully sought permission to appeal the Pre-Trial Chamber’s decision concerning the form and scope of the charges, according to the prosecution.
The prosecution further argued that the defendant received notice of the allegations through several procedural documents, including filings made during the pre-trial phase. Any potential deficiency, it said, could be addressed during the proceedings without requiring prosecutors to start the charging process over again.
Victims’ Lawyers Also Oppose Duterte’s Motion
Duterte’s defense is also facing opposition from the lawyers representing victims participating in the ICC proceedings.
The Common Legal Representatives of Victims (CLRV) similarly asked the chamber to reject the defense request, arguing that Duterte’s lawyers had already raised substantially the same concerns during the pre-trial proceedings.
Their position is that the charges have already been confirmed, Duterte has been committed to trial, and his defense previously attempted—but failed—to challenge the way the Pre-Trial Chamber defined their scope.
The victims’ representatives therefore argued that the defense should not be allowed to revive the same challenge at the trial stage simply by presenting it as a question of the form of the charges.
ICC Already Confirmed Three Crimes-Against-Humanity Counts
This latest dispute does not mean the ICC has thrown out Duterte’s case or that prosecutors are preparing entirely new charges.
On April 23, 2026, ICC Pre-Trial Chamber I unanimously confirmed the charges against Duterte and committed him to trial on three counts of crimes against humanity.
The ICC’s case materials identify allegations connected to killings during Duterte’s time as Davao City mayor and later as Philippine president.
The confirmation of charges means the judges found sufficient grounds at that stage for the case to proceed to trial. It is not a finding of guilt.
The question of whether Duterte is criminally responsible for the alleged crimes will ultimately be determined at trial.
Trial Remains Scheduled For November 30
The ICC has already established the framework for Duterte’s upcoming trial.
Trial Chamber III has scheduled the opening of proceedings for November 30, 2026. The trial will involve the presentation of evidence by the prosecution, participation by victims’ representatives where authorized, and eventually the defense.
The chamber has also laid out deadlines for the parties to prepare their trial materials.
Separately, prosecutors have recently sought permission to introduce previously recorded testimony from a witness identified as P-1100, arguing that doing so could shorten the witness’s direct examination and make the proceedings more efficient.
That request illustrates that the prosecution is already preparing its evidence for trial rather than treating the case as though the charging process must begin again.
What Happens Next?
The immediate question is whether ICC Trial Chamber III will reject Duterte’s request to have prosecutors refile the charges.
The prosecutor’s response is not itself a final ruling by the judges. The chamber must still decide whether the defense has established grounds for the requested relief.
If the judges reject the motion, the case would continue toward the scheduled November 30 trial under the charges already confirmed by the Pre-Trial Chamber.
If the chamber grants some form of relief, however, it could require procedural adjustments to the prosecution’s charging documents and potentially affect how the parties prepare for trial.
For now, the case remains active, the charges remain confirmed, and Duterte’s ICC trial remains scheduled for November 30.
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